(1) Where the Director considers that a certification body possesses the capabilities and resources to test and certify the safety aspects of a specified class of electrical products, the Director may recognize the certification body as a recognized certification body qualified to issue certificates of safety compliance in respect of that specified class of electrical products.
(2) A certification body applying for recognition by the Director as a recognized certification body shall be one of the organizations specified in Schedule 4 and shall-
(a) apply in writing to the Director for recognition as a recognized certification body; and
(b) pay an application fee of $5950. (L.N. 353 of 2000)
(3) The Director may publish in the Gazette-
(a) the name of a certification body that he has recognized as a recognized certification body; and
(b) the specified class of electrical products which may be certified by that recognized certification body.
(4) The Director may maintain a register of recognized certification bodies for inspection by the public during normal office hours.
(5) Subject to subsection (6), the Director may revoke the recognition of any recognized certification body for all or some of the specified classes of electrical products for which the recognized certification body has been recognized by the Director-
(a) where a recognized certification body requests cancellation of its recognition;
(b) where a recognized certification body ceases to carry on business as a certification body; or
(c) where the Director considers that a recognized certification body is no longer qualified to issue certificates of safety compliance in respect of a specified class of electrical products,
and may publish in the Gazette the name of such certification body and the details of the specified classes of electrical products which that recognized certification body is no longer qualified to issue certificates of safety compliance.
(6) The Director shall notify the recognized certification body of his intended revocation in cases under subsection (5)(b) or (c)-
(a) specifying his grounds for intending to revoke the recognition; and
(b) advising the recognized certification body that it is entitled to request a hearing by the Director or to submit written representations to the Director as to why recognition should not be revoked.
(7) Within 4 weeks after the service of the notice under subsection (6), the recognized certification body shall either deliver a request in writing for a hearing or make written representations to the Director.
(8) If no request for a hearing or no written representations have been received within the period referred to in subsection (7), the Director may revoke the recognition of the certification body.
(9) Where the Director receives a request for a hearing within the period referred to in subsection (7), he shall afford the recognized certification body a reasonable opportunity to be heard.
(10) The Director may revoke the recognition of a certification body if the certification body fails to attend the hearing without a reasonable excuse.
(11) Where the Director receives written representations within the period referred to in subsection (7) or where representations are made at the hearing, the Director shall consider those representations before exercising any of his power under subsection (5).
(12) In cases where a written request for a hearing or written representations have been received within the period referred to in subsection (7), the Director shall notify the recognized certification body of his decision and the reasons for it.
(13) Upon revocation of recognition of a certification body, the Director shall cause the name of such certification body to be removed from the register maintained under subsection (4).
(14) A certification body whose name has been removed from the register under this section may apply in writing to the Director for restoration of its name to the register.
(15) The Director may restore the name of a certification body to the register if the Director satisfies himself that the certification body-
(a) is an organization specified in Schedule 4; and
(b) has taken appropriate steps to remedy the cause that originally led to the revocation.